Terms Of Service

1. Acceptance of Terms

Welcome to Chumo. These Terms of Service ("Terms") govern your access to and use of the Chumo platform, including our website, applications, APIs, and all related services (collectively, the "Platform"), operated by Chumo (Pty) Ltd ("Chumo", "we", "us", or "our"), a company registered in the Republic of South Africa.

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform. If you are accepting these Terms on behalf of an organisation or entity, you represent and warrant that you have the authority to bind that organisation or entity to these Terms, and references to "you" or "your" shall include that organisation or entity.

These Terms constitute a legally binding agreement between you and Chumo. Please read them carefully before using the Platform.

2. Definitions

In these Terms, the following definitions apply:

• "Institute" means a professional body, organisation, or entity that subscribes to the Platform to deliver content, manage events, and serve its members.
• "Member" or "End User" means an individual who accesses the Platform through an Institute's account to view content, attend events, or use services provided by the Institute.
• "Content" means any text, images, video, audio, data, chat messages, documents, or other materials uploaded, streamed, posted, or otherwise made available through the Platform.
• "Event" means a live-streamed or pre-recorded session, webinar, conference, or other broadcast hosted on the Platform.
• "VOD" means video-on-demand content available for viewing at any time through the Platform.
• "CPD" means Continuing Professional Development, including certificates, credits, and attendance records issued through the Platform.
• "Subscription" means a recurring payment plan that grants access to the Platform's features and content for a defined period.

3. Account Registration

3.1 Account Creation

To access and use certain features of the Platform, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security and confidentiality of your login credentials and not share them with any third party.
• Accept responsibility for all activities that occur under your account.
• Notify Chumo immediately of any unauthorised use of your account or any other breach of security.

3.2 Account Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to create an account and use the Platform. By creating an account, you represent and warrant that you meet this eligibility requirement.

3.3 Account Security

You are solely responsible for safeguarding your account credentials. Chumo shall not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

4. Institute Accounts

4.1 Institute Responsibilities

Institutes that subscribe to the Platform operate as tenants within the Chumo system. Each Institute is responsible for:

• Managing its own members, including granting and revoking access to the Platform.
• Ensuring that all Content uploaded or streamed through its account complies with applicable laws, regulations, and these Terms.
• Obtaining all necessary rights, licences, and permissions for any Content it makes available through the Platform.
• Managing its own subscription plans, pricing, and billing arrangements for its members.
• Complying with all applicable professional, regulatory, and industry standards relevant to its operations.
• Ensuring the accuracy of CPD certificates, attendance records, and any other professional documentation issued through the Platform on its behalf.

4.2 Institute-Member Relationship

The relationship between an Institute and its members is governed by the Institute's own terms, policies, and agreements. Chumo provides the technology platform but is not a party to the contractual relationship between Institutes and their members. Chumo does not endorse, verify, or guarantee the quality, accuracy, or legality of any Institute's content or services.

4.3 Data Separation

Each Institute's data is logically separated within the Platform. Institutes may only access data pertaining to their own account and members. Chumo implements reasonable technical and organisational measures to maintain this separation.

5. Subscriptions and Payments

5.1 Subscription Plans

Access to certain features and Content on the Platform may require a paid subscription or one-time purchase. Subscription plans, pricing, and features are described on the Platform and may vary depending on the Institute or content provider.

5.2 Billing and Payment

Payments are processed through third-party payment gateways. By providing payment information, you authorise Chumo and its payment processors to charge the applicable fees to your selected payment method. You agree to:

• Provide valid and current payment information.
• Pay all fees and charges incurred in connection with your account at the prices in effect when such fees and charges are incurred.
• Pay any applicable taxes, levies, or duties imposed by taxing authorities, including Value Added Tax (VAT) where applicable under South African law.

5.3 Recurring Subscriptions

Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date. You may cancel your subscription at any time through your account settings or by contacting the relevant Institute. Cancellation will take effect at the end of the current billing period, and you will retain access to paid features until that time.

5.4 One-Time Purchases

Certain Content or Events may be available for one-time purchase. Once a purchase is completed, you will be granted access to the purchased Content or Event in accordance with the terms specified at the time of purchase.

5.5 Refunds

Refund policies may vary depending on the Institute and the type of purchase. Unless otherwise stated at the time of purchase or required by the Consumer Protection Act 68 of 2008 or other applicable South African legislation, all purchases are final. Refund requests should be directed to the relevant Institute in the first instance. Chumo may assist in processing approved refunds at the Institute's direction.

5.6 Price Changes

Chumo and Institutes reserve the right to change subscription fees and pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following reasonable advance notice. Your continued use of the Platform after a price change constitutes acceptance of the new pricing.

6. Content and Intellectual Property

6.1 Platform Intellectual Property

The Platform, including its design, code, features, functionality, trademarks, logos, and all related intellectual property, is owned by Chumo and is protected by South African and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without Chumo's prior written consent.

6.2 Institute Content

Institutes retain ownership of all Content they upload, stream, or make available through the Platform. By uploading Content, Institutes grant Chumo a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, and distribute the Content solely for the purpose of operating and providing the Platform's services.

6.3 User-Generated Content

Members may submit Content through features such as chat messages, profile information, comments, and other interactive features. By submitting Content, you:

• Grant Chumo and the relevant Institute a non-exclusive, royalty-free licence to use, display, and distribute such Content within the Platform.
• Represent and warrant that you own or have the necessary rights to the Content you submit.
• Acknowledge that your Content may be visible to other users of the Platform, including other members of the same Institute.

6.4 Content Restrictions

You may not use the Platform to upload, stream, or distribute Content that:

• Infringes upon any third party's intellectual property rights, including copyright, trademark, or patent rights.
• Is unlawful, defamatory, obscene, pornographic, harassing, threatening, or promotes violence or discrimination.
• Contains malware, viruses, or any other harmful code.
• Violates any applicable law or regulation, including the Protection of Personal Information Act 4 of 2013 ("POPIA").
• Misrepresents your identity or affiliation with any person or entity.
• Constitutes spam, unsolicited advertising, or promotional material.

6.5 Content Removal

Chumo reserves the right to remove or disable access to any Content that violates these Terms or is otherwise objectionable, without prior notice. Chumo is not obligated to monitor Content but may do so at its discretion.

7. User Conduct

When using the Platform, you agree not to:

• Violate any applicable local, national, or international law or regulation.
• Use the Platform for any purpose that is fraudulent or otherwise unlawful.
• Attempt to gain unauthorised access to any part of the Platform, other users' accounts, or any systems or networks connected to the Platform.
• Interfere with or disrupt the Platform's infrastructure, servers, or networks.
• Use automated scripts, bots, scrapers, or other automated means to access the Platform without Chumo's prior written consent.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
• Circumvent, disable, or otherwise interfere with any security or access control features of the Platform.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Record, redistribute, or retransmit live-streamed or VOD content without the express written permission of the content owner.
• Share, transfer, or sell your account credentials or access rights to any third party.
• Use the Platform in a manner that could damage, disable, overburden, or impair the Platform.

8. CPD Certificates and Attendance

8.1 Certificate Issuance

The Platform may facilitate the issuance of Continuing Professional Development (CPD) certificates and the tracking of attendance for Events. CPD certificates are issued on behalf of and under the authority of the relevant Institute, not Chumo.

8.2 Accuracy and Validity

Chumo provides the technological infrastructure for issuing CPD certificates and tracking attendance but does not guarantee the accuracy, validity, or recognition of such certificates by any professional body, regulatory authority, or third party. The responsibility for the accuracy and validity of CPD certificates lies with the issuing Institute.

8.3 Attendance Tracking

Attendance tracking is provided as a feature of the Platform and relies on technical indicators such as connection status and engagement metrics. Chumo does not guarantee the absolute accuracy of attendance records and is not responsible for discrepancies that may arise from technical issues, connectivity problems, or user behaviour.

8.4 Fraudulent Claims

Any attempt to fraudulently obtain CPD certificates, manipulate attendance records, or misrepresent participation in Events is strictly prohibited and may result in immediate account termination and referral to the relevant Institute and professional bodies.

9. Privacy and Data Protection

9.1 Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and disclose your personal information. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.

9.2 POPIA Compliance

Chumo is committed to complying with the Protection of Personal Information Act 4 of 2013 ("POPIA") and all applicable data protection legislation in the Republic of South Africa. Chumo processes personal information as both a responsible party (for its own purposes) and as an operator (on behalf of Institutes). Institutes, as responsible parties for their members' data, must ensure their use of the Platform complies with POPIA and any other applicable data protection laws.

9.3 Data Processing

By using the Platform, you acknowledge and agree that your data may be processed and stored on servers located outside of the Republic of South Africa, subject to appropriate safeguards as required by POPIA and other applicable laws.

10. Availability and Service Levels

10.1 Platform Availability

Chumo strives to maintain the availability of the Platform but does not guarantee uninterrupted or error-free access. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our reasonable control.

10.2 Live Streaming

Live streaming services depend on numerous factors including internet connectivity, server capacity, and third-party service providers. Chumo does not guarantee the quality, reliability, or availability of live streams and shall not be liable for interruptions, delays, or degradation in streaming quality.

11. Limitation of Liability

11.1 Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, Chumo disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.2 Limitation

To the maximum extent permitted by South African law, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002, Chumo, its directors, officers, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.
• Any damages arising from your use of or inability to use the Platform.
• Any damages arising from the conduct or Content of any third party on the Platform.
• Any damages arising from unauthorised access to, use of, or alteration of your transmissions or Content.
• Any loss or damage arising from Events, including but not limited to technical failures, streaming interruptions, or content quality.

11.3 Cap on Liability

In no event shall Chumo's total aggregate liability to you for all claims arising out of or relating to these Terms or the Platform exceed the greater of (a) the amount you paid to Chumo in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred South African Rand (ZAR 100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Chumo, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Platform or any activity under your account.
• Your violation of these Terms or any applicable law or regulation.
• Any Content you upload, stream, post, or otherwise make available through the Platform.
• Your infringement of any third party's rights, including intellectual property rights.
• Any dispute between you and another user of the Platform or between an Institute and its members.

This indemnification obligation shall survive termination of your account and these Terms.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting the relevant Institute (for members) or by contacting Chumo directly (for Institutes). Upon termination, your right to access and use the Platform will cease immediately, subject to any active subscription period.

13.2 Termination by Chumo

Chumo may suspend or terminate your account at any time, with or without cause and with or without notice, if we reasonably believe that:

• You have violated these Terms or any applicable law or regulation.
• Your account has been used for fraudulent or illegal activity.
• Continued provision of the Platform to you is no longer commercially viable.
• It is required by law or a governmental authority.

13.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Platform will immediately cease.
• Chumo may delete your account data in accordance with our data retention policies and applicable law.
• Any outstanding fees or charges remain due and payable.
• Provisions of these Terms that by their nature should survive termination shall continue to apply, including but not limited to Sections 6 (Content and Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law).

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of laws principles. The following South African legislation is applicable to these Terms and your use of the Platform, to the extent relevant:

• The Consumer Protection Act 68 of 2008 ("CPA")
• The Electronic Communications and Transactions Act 25 of 2002 ("ECTA")
• The Protection of Personal Information Act 4 of 2013 ("POPIA")
• The Promotion of Access to Information Act 2 of 2000 ("PAIA")

Nothing in these Terms is intended to limit or exclude any rights you may have under mandatory provisions of South African consumer protection law that cannot be waived or limited by contract.

15. Dispute Resolution

15.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Platform, you agree to first attempt to resolve the dispute informally by contacting Chumo. Chumo will attempt to resolve the dispute informally within thirty (30) days of receiving your written notice.

15.2 Mediation

If the dispute cannot be resolved informally, either party may refer the matter to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) or another mutually agreed mediation body. The mediation shall take place in South Africa.

15.3 Jurisdiction

If the dispute is not resolved through mediation, the parties consent to the exclusive jurisdiction of the High Court of South Africa, or the appropriate Magistrate's Court, for the resolution of all disputes arising out of or in connection with these Terms. Nothing in this section limits your right to seek urgent interim relief from a court of competent jurisdiction.

16. Changes to Terms

Chumo reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date displayed with these Terms.
• Notify you of the changes through the Platform, by email, or by other reasonable means.
• Provide a reasonable period for you to review the updated Terms before they take effect.

Your continued use of the Platform after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform and may terminate your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and Chumo regarding the Platform and supersede all prior agreements, understandings, and communications, whether written or oral.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17.3 Waiver

The failure of Chumo to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of Chumo to be effective.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Chumo's prior written consent. Chumo may assign its rights and obligations under these Terms without restriction.

17.5 Force Majeure

Chumo shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, power outages, internet disruptions, or labour disputes.

17.6 Notices

Chumo may provide notices to you through the Platform, by email to the address associated with your account, or by any other reasonable means. You are responsible for keeping your contact information up to date. Notices to Chumo should be sent to the contact details provided in Section 18.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:

Chumo (Pty) Ltd
Email: support@chumo.tv
Website: www.chumo.tv